NR 243.19(2)(a)6. 6. Mortality management and practices used by the permittee to meet the requirements of s. NR 243.13 (8), including the dates and methods of disposal.
NR 243.19(2)(b) (b) Record keeping requirements for land application activities. The permittee shall create and retain the following records for activities associated with land application:
NR 243.19(2)(b)1. 1. A copy of the nutrient management plan.
NR 243.19(2)(b)2. 2. Daily logs recorded using form 3200-123A or a department approved equivalent, indicating the following.
NR 243.19(2)(b)2.a. a. The dates manure or process wastewater is applied to each field.
NR 243.19(2)(b)2.b. b. Fields used.
NR 243.19(2)(b)2.c. c. Acres applied.
NR 243.19(2)(b)2.d. d. Manure source and waste type.
NR 243.19(2)(b)2.e. e. Spreader volume.
NR 243.19(2)(b)2.f. f. Number of loads.
NR 243.19(2)(b)2.g. g. Whether the soil was dry, wet, saturated, frozen or snow covered at the time of application.
NR 243.19(2)(b)2.h. h. Weather conditions at time of application.
NR 243.19(2)(b)2.i. i. Whether manure was injected, incorporated or surface applied.
NR 243.19(2)(b)2.j. j. Dates of emergency applications in winter.
NR 243.19(2)(b)2.k. k. For surface applications on frozen or snow-covered ground, whether any applied manure or process wastewater ran off the application site.
NR 243.19(2)(b)3. 3. A weather log for all dates that manure and process wastewater is spread, including weather 24 hours prior to and following application.
NR 243.19(2)(b)4. 4. Total amount of nitrogen and phosphorus actually applied to each field, including documentation of calculations for the total amount applied.
NR 243.19(2)(b)5. 5. Results from manure, process wastewater and soil sampling.
NR 243.19(2)(b)6. 6. Dates of manure application equipment inspection.
NR 243.19(2)(b)7. 7. Records of the date, recipient name and address, approximate amount and nutrient content of manure or process wastewater distributed to another person in accordance with s. NR 243.142.
NR 243.19(2)(c) (c) Record keeping for sampling. For each manure, process wastewater and soil sample taken, the permittee shall record the following information:
NR 243.19(2)(c)1. 1. The date, exact place, method and time of sampling or measurements.
NR 243.19(2)(c)2. 2. The individual or lab that performed the sampling or measurements.
NR 243.19(2)(c)3. 3. The date the analysis was performed.
NR 243.19(2)(c)4. 4. The individual who performed the analysis.
NR 243.19(2)(c)5. 5. The analytical techniques or methods used.
NR 243.19(2)(c)6. 6. The results of the analysis.
NR 243.19(2)(d) (d) Record keeping for inspections. For each inspection conducted by the permittee, the permittee shall record the following information:
NR 243.19(2)(d)1. 1. The date and name of persons performing the inspection.
NR 243.19(2)(d)2. 2. An inspection description, including components inspected.
NR 243.19(2)(d)3. 3. Details of what was discovered during the inspection.
NR 243.19(2)(d)4. 4. Recommendations for repair or maintenance.
NR 243.19(2)(d)5. 5. Any corrective actions taken.
NR 243.19(3) (3) Reporting requirements.
NR 243.19(3)(a)(a) Corrective actions. If the permittee fails to take corrective action within 30 days of identifying a malfunction, failure or other problem identified under sub. (1), the permittee shall contact the department immediately following the 30-day period and provide an explanation for its failure to take action.
NR 243.19(3)(b) (b) Quarterly reporting requirements. The permittee shall summarize the results of the inspections conducted at the production area in a written quarterly report. The reports shall be maintained onsite until submittal as part of the annual report in par. (c). The report shall include the following information:
NR 243.19(3)(b)1. 1. Identified permit violations including all discharges of manure or process wastewater to surface waters, overflows of liquid manure or process wastewater storage and containment structures, and number of missed inspections.
NR 243.19(3)(b)2. 2. Dates, times and approximate volume of discharges in subd. 1.
NR 243.19(3)(b)3. 3. Corrective actions taken.
NR 243.19(3)(b)4. 4. A summary of the condition of runoff control systems and storage and containment structures.
NR 243.19(3)(b)5. 5. A summary of recorded levels of materials in liquid storage and containment structures, including exceedances of the maximum operating and margin of safety levels.
NR 243.19(3)(b)6. 6. Other information requested by the department in writing or in the permit.
NR 243.19(3)(c) (c) Annual reporting requirements. The permittee shall submit written annual reports to the department by the date specified in the WPDES permit for all manure and other process wastewater that is generated. These annual reports shall cover the previous calendar year or cropping year, as specified in the WPDES permit, and shall include the following:
NR 243.19(3)(c)1. 1. The quarterly reports required under par. (b).
NR 243.19(3)(c)2. 2. The number and type of mature and immature animals at the operation and whether the animals are in open confinement or housed under roof.
NR 243.19(3)(c)3. 3. The total amount of material in large CAFO storage or containment facilities, including manure and process wastewater generated by the large CAFO in the previous 12 months, precipitation and runoff diverted to storage or containment structures.
NR 243.19(3)(c)4. 4. Lab analyses of manure and process wastewater land applied in the previous 12 months, and the most recent soil test analysis completed for fields receiving manure or process wastewater in the previous 12 months.
NR 243.19(3)(c)5. 5. An annual spreading report summarizing manure and other process wastewater land application activities using form 3200-123 or a department-approved equivalent, indicating the following for each field receiving manure or process wastewater:
NR 243.19(3)(c)5.a. a. Date of application.
NR 243.19(3)(c)5.b. b. Information on the fields where manure or process wastewater is applied including field identification, slope and soil test phosphorus levels.
NR 243.19(3)(c)5.c. c. Acres applied.
NR 243.19(3)(c)5.d. d. Source and nutrient content of applied manure.
NR 243.19(3)(c)5.e. e. Current and previous field crops.
NR 243.19(3)(c)5.f. f. Nutrient balance indicating crop nutrient need in comparison to nutrients applied and credited from all sources.
NR 243.19(3)(c)5.g. g. Whether the soil was dry, wet, saturated, frozen or snow covered.
NR 243.19(3)(c)5.h. h. Method and rate of application in tons or gallons per acre.
NR 243.19(3)(c)5.i. i. Whether fields meet T.
NR 243.19(3)(c)5.j. j. Whether soil tests have been taken within the last 4 years.
NR 243.19(3)(c)5.k. k. Number of years of crop phosphorus need applied based on crop rotation.
NR 243.19(3)(c)5.L. L. For surface applications on frozen or snow-covered ground, whether any applied manure or process wastewater ran off the application site.
NR 243.19(3)(c)6. 6. Dates on which storage facilities were emptied to the 180-day level indicator.
NR 243.19(3)(c)7. 7. Total amount of manure and process wastewater distributed to another person by the permittee in accordance with s. NR 243.142 in the previous 12 months.
NR 243.19(3)(c)8. 8. Total number of acres for land application covered by the nutrient management plan developed in accordance with s. NR 243.14.
NR 243.19(3)(c)9. 9. Total number of acres actually used by the permittee for land application of manure and process wastewater in the previous 12 months.
NR 243.19(3)(c)10. 10. A statement indicating whether the current version of the permittee's nutrient management plan was developed or approved by a certified nutrient management planner.
NR 243.19(3)(c)11. 11. Results of land application equipment inspections and calibration.
NR 243.19(3)(c)12. 12. Other information requested by the department in writing or in the permit.
NR 243.19 Note Note: Forms 3200-123 and 3200-123A can be obtained at regional offices of the department or the department's Bureau of Watershed Management, 101 S. Webster St., P.O. Box 7921, Madison, Wisconsin 53707.
NR 243.19 History History: CR 05-075: cr. Register April 2007 No. 616, eff. 7-1-07.
subch. III of ch. NR 243 Subchapter III — Other Animal Feeding Operations
NR 243.21 NR 243.21Purpose. The purpose of this subchapter is to establish procedures, in cooperation with other federal and state agencies and governmental units, for addressing unacceptable practices through the issuance of a notice of discharge or WPDES permit under s. 281.16 or ch. 283, Stats. Animal feeding operations with fewer than 1000 animal units that have unacceptable practices are subject to this subchapter.
NR 243.21 History History: CR 05-075: cr. Register April 2007 No. 616, eff. 7-1-07.
NR 243.23 NR 243.23General requirements for animal feeding operations.
NR 243.23(1)(1)Livestock performance standards and prohibitions.
NR 243.23(1)(a)(a) Owners and operators of animal feeding operations shall comply with the livestock performance standards and prohibitions in accordance with the requirements s. NR 151.095.
NR 243.23(1)(b) (b) The department may grant a variance to livestock performance standards or accepted management practices consistent with s. NR 151.097. A variance may not be granted to a livestock prohibition or other statutory requirements.
NR 243.23 Note Note: Additional procedures for implementing cropland performance standards are included in ch. NR 151.
NR 243.23 Note Note: Under s. 281.16 (3) (e), Stats., an owner or operator may not be required by the state, or a governmental unit through an ordinance or regulation, to bring existing livestock facilities into compliance with the livestock performance standards or prohibitions, technical standards or conservation practices unless cost sharing is available.
NR 243.23 History History: CR 05-075: cr. Register April 2007 No. 616, eff. 7-1-07.
NR 243.24 NR 243.24Department discharge determination and NODs. Unless based on information provided as part of a WPDES permit application submitted pursuant to s. NR 243.26 (1), no determination may be made by the department that an unacceptable practice exists at an operation until there has been an onsite investigation by the department or a federal or state agency or governmental unit.
NR 243.24(1) (1) Categories of unacceptable practices. The department shall identify the categories of discharge associated with unacceptable practices pursuant to the following criteria:
NR 243.24(1)(a) (a) Category I. A category I unacceptable practice is a practice or facility at an animal feeding operation that causes a point source discharge of pollutants to navigable waters by either of following means:
NR 243.24(1)(a)1. 1. Pollutants are discharged into navigable waters through a man-made ditch, flushing system or other similar man-made device.
NR 243.24(1)(a)2. 2. Pollutants are discharged into navigable waters that originate outside of the operation and pass over, across or through the operation or otherwise come into direct contact with the animals confined at the operation.
NR 243.24(1)(b) (b) Category II. A category II unacceptable practice is a practice or facility at an animal feeding operation that causes a discharge of pollutants to waters of the state that is the result of an owner's or operator's failure to comply with a livestock performance standard or prohibition in ss. NR 151.05 to 151.08. For Category II discharges, waters of the state has the meaning specified under s. 281.01 (18), Stats.
NR 243.24(1)(c) (c) Category III. A category III unacceptable practice is a practice or facility at an animal feeding operation that caused a discharge of pollutants to waters of the state and that is not described in par. (a) or (b).
NR 243.24(2) (2) Coordination with governmental units. Unless an unacceptable practice is an imminent threat to public health or fish and aquatic life, the department shall notify the appropriate governmental unit prior to taking any of the following actions:
NR 243.24(2)(a) (a) Contacting an owner or operator of an animal feeding operation under the procedures in this subchapter to investigate a discharge from an unacceptable practice.
NR 243.24(2)(b) (b) Issuing an NOD for a category II unacceptable practice.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.